Tex.
Code of Crim. Proc. Article 17.03
Personal Bond
(a)
Except as provided by Subsection (b) or (b-1), a magistrate may, in the magistrate’s discretion, release the defendant on personal bond without sureties or other security.(b)
Only the court before whom the case is pending may release on personal bond a defendant who:(1)
is charged with an offense under the following sections of the Penal Code:(A)
Section 30.02 (Burglary) (Burglary); or(B)
Section 71.02 (Engaging in Organized Criminal Activity) (Engaging in Organized Criminal Activity);(2)
is charged with a felony under Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, or Section 485.033 (Inhalant Paraphernalia), Health and Safety Code, punishable by imprisonment for a minimum term or by a maximum fine that is more than a minimum term or maximum fine for a first degree felony; or(3)
does not submit to testing for the presence of a controlled substance in the defendant’s body as requested by the court or magistrate under Subsection (c) of this article or submits to testing and the test shows evidence of the presence of a controlled substance in the defendant’s body.(b-1)
A magistrate may not release on personal bond a defendant who, at the time of the commission of the charged offense, is civilly committed as a sexually violent predator under Chapter 841 (Civil Commitment of Sexually Violent Predators), Health and Safety Code.(b-2)
Except as provided by Articles 15.21 (Release on Personal Bond if Not Timely Demanded), 17.032 (Release on Personal Bond of Certain Defendants with Mental Illness or Intellectual Disability), 17.033 (Release on Bond of Certain Persons Arrested Without a Warrant), and 17.151, a defendant may not be released on personal bond if the defendant:(1)
is charged with an offense involving violence; or(2)
while released on bail or community supervision for an offense involving violence, is charged with committing:(A)
any offense punishable as a felony; or(B)
an offense under the following provisions of the Penal Code:(i)
Section 22.01 (Assault)(a)(1) (assault);(ii)
Section 22.05 (Deadly Conduct) (deadly conduct);(iii)
Section 22.07 (Terroristic Threat) (terroristic threat); or(iv)
Section 42.01 (Disorderly Conduct)(a)(7) or (8) (disorderly conduct involving firearm).(b-3)
In this article:(1)
“Controlled substance” has the meaning assigned by Section 481.002 (Definitions), Health and Safety Code.(2)
“Offense involving violence” means an offense under the following provisions of the Penal Code:(A)
Section 19.02 (Murder) (murder);(B)
Section 19.03 (Capital Murder) (capital murder);(C)
Section 20.03 (Kidnapping) (kidnapping);(D)
Section 20.04 (Aggravated Kidnapping) (aggravated kidnapping);(E)
Section 20A.02 (Trafficking of Persons) (trafficking of persons);(F)
Section 20A.03 (Continuous Trafficking of Persons) (continuous trafficking of persons);(G)
Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual) (continuous sexual abuse of young child or disabled individual);(H)
Section 21.11 (Indecency with a Child) (indecency with a child);(I)
Section 22.01 (Assault)(a)(1) (assault), if the offense is:(i)
punishable as a felony of the second degree under Subsection (b-2) of that section; or(ii)
punishable as a felony and involved family violence as defined by Section 71.004 (Family Violence), Family Code;(J)
Section 22.011 (Sexual Assault) (sexual assault);(K)
Section 22.02 (Aggravated Assault) (aggravated assault);(L)
Section 22.021 (Aggravated Sexual Assault) (aggravated sexual assault);(M)
Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual) (injury to a child, elderly individual, or disabled individual);(N)
Section 25.072 (Repeated Violation of Certain Court Orders or Conditions of Bond in Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case) (repeated violation of certain court orders or conditions of bond in family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking case);(O)
Section 25.11 (Continuous Violence Against the Family) (continuous violence against the family);(P)
Section 29.03 (Aggravated Robbery) (aggravated robbery);(Q)
Section 38.14 (Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer) (taking or attempting to take weapon from peace officer, federal special investigator, employee or official of correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer);(R)
Section 43.04 (Aggravated Promotion of Prostitution) (aggravated promotion of prostitution), if the defendant is not alleged to have engaged in conduct constituting an offense under Section 43.02 (Prostitution)(a);(S)
Section 43.05 (Compelling Prostitution) (compelling prostitution); or(T)
Section 43.25 (Sexual Performance by a Child) (sexual performance by a child).(c)
When setting a personal bond under this chapter, on reasonable belief by the investigating or arresting law enforcement agent or magistrate of the presence of a controlled substance in the defendant’s body or on the finding of drug or alcohol abuse related to the offense for which the defendant is charged, the court or a magistrate shall require as a condition of personal bond that the defendant submit to testing for alcohol or a controlled substance in the defendant’s body and participate in an alcohol or drug abuse treatment or education program if such a condition will serve to reasonably assure the appearance of the defendant for trial.(d)
The state may not use the results of any test conducted under this chapter in any criminal proceeding arising out of the offense for which the defendant is charged.(e)
Costs of testing may be assessed as court costs or ordered paid directly by the defendant as a condition of bond.(f)
Repealed by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 20, eff. December 2, 2021.(g)
The court may order that a personal bond fee assessed under Section 17.42 be:(1)
paid before the defendant is released;(2)
paid as a condition of bond;(3)
paid as court costs;(4)
reduced as otherwise provided for by statute; or(5)
waived.(b)
Only the court before whom the case is pending may release on personal bond a defendant who:(1)
is charged with an offense under the following sections of the Penal Code:(A)
Section 30.02 (Burglary) (Burglary); or(B)
Section 71.02 (Engaging in Organized Criminal Activity) (Engaging in Organized Criminal Activity);(2)
is charged with a felony under Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, or Section 485.033 (Inhalant Paraphernalia), Health and Safety Code, punishable by imprisonment for a minimum term or by a maximum fine that is more than a minimum term or maximum fine for a first degree felony; or(3)
does not submit to testing for the presence of a controlled substance in the defendant’s body as requested by the court or magistrate under Subsection (c) of this article or submits to testing and the test shows evidence of the presence of a controlled substance in the defendant’s body.(b-1)
A magistrate may not release on personal bond a defendant who, at the time of the commission of the charged offense, is civilly committed as a sexually violent predator under Chapter 841 (Civil Commitment of Sexually Violent Predators), Health and Safety Code.(b-2)
Except as provided by Articles 15.21 (Release on Personal Bond if Not Timely Demanded), 17.032 (Release on Personal Bond of Certain Defendants with Mental Illness or Intellectual Disability), 17.033 (Release on Bond of Certain Persons Arrested Without a Warrant), and 17.151, a defendant may not be released on personal bond if the defendant:(1)
is charged with an offense involving violence; or(2)
while released on bail or community supervision for an offense involving violence, is charged with committing:(A)
any offense punishable as a felony; or(B)
an offense under the following provisions of the Penal Code:(i)
Section 22.01 (Assault)(a)(1) (assault);(ii)
Section 22.05 (Deadly Conduct) (deadly conduct);(iii)
Section 22.07 (Terroristic Threat) (terroristic threat); or(iv)
Section 42.01 (Disorderly Conduct)(a)(7) or (8) (disorderly conduct involving firearm).(b-3)
In this article:(1)
“Controlled substance” has the meaning assigned by Section 481.002 (Definitions), Health and Safety Code.(2)
“Offense involving violence” means an offense under the following provisions of the Penal Code:(A)
Section 19.02 (Murder) (murder);(B)
Section 19.03 (Capital Murder) (capital murder);(C)
Section 20.03 (Kidnapping) (kidnapping);(D)
Section 20.04 (Aggravated Kidnapping) (aggravated kidnapping);(E)
Section 20A.02 (Trafficking of Persons) (trafficking of persons);(F)
Section 20A.03 (Continuous Trafficking of Persons) (continuous trafficking of persons);(G)
Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual) (continuous sexual abuse of young child or disabled individual);(H)
Section 21.11 (Indecency with a Child) (indecency with a child);(I)
Section 22.01 (Assault)(a)(1) (assault), if the offense is:(i)
punishable as a felony of the second degree under Subsection (b-2) of that section; or(ii)
punishable as a felony and involved family violence as defined by Section 71.004 (Family Violence), Family Code;(J)
Section 22.011 (Sexual Assault) (sexual assault);(K)
Section 22.02 (Aggravated Assault) (aggravated assault);(L)
Section 22.021 (Aggravated Sexual Assault) (aggravated sexual assault);(M)
Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual) (injury to a child, elderly individual, or disabled individual);(N)
Section 25.072 (Repeated Violation of Certain Court Orders or Conditions of Bond in Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case) (repeated violation of certain court orders or conditions of bond in family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking case);(O)
Section 25.11 (Continuous Violence Against the Family) (continuous violence against the family);(P)
Section 29.03 (Aggravated Robbery) (aggravated robbery);(Q)
Section 38.14 (Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer) (taking or attempting to take weapon from peace officer, federal special investigator, employee or official of correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer);(R)
Section 43.04 (Aggravated Promotion of Prostitution) (aggravated promotion of prostitution), if the defendant is not alleged to have engaged in conduct constituting an offense under Section 43.02 (Prostitution)(a);(S)
Section 43.05 (Compelling Prostitution) (compelling prostitution); or(T)
Section 43.25 (Sexual Performance by a Child) (sexual performance by a child).(c)
When setting a personal bond under this chapter, on reasonable belief by the investigating or arresting law enforcement agent or magistrate of the presence of a controlled substance in the defendant’s body or on the finding of drug or alcohol abuse related to the offense for which the defendant is charged, the court or a magistrate shall require as a condition of personal bond that the defendant submit to testing for alcohol or a controlled substance in the defendant’s body and participate in an alcohol or drug abuse treatment or education program if such a condition will serve to reasonably assure the appearance of the defendant for trial.(d)
The state may not use the results of any test conducted under this chapter in any criminal proceeding arising out of the offense for which the defendant is charged.(e)
Costs of testing may be assessed as court costs or ordered paid directly by the defendant as a condition of bond.(f)
Repealed by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 20, eff. December 2, 2021.(g)
The court may order that a personal bond fee assessed under Section 17.42 be:(1)
paid before the defendant is released;(2)
paid as a condition of bond;(3)
paid as court costs;(4)
reduced as otherwise provided for by statute; or(5)
waived.
Source:
Article 17.03 — Personal Bond, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17-COPY.htm#17.03 (accessed Jun. 5, 2024).
